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All ye need to know
KEY POINTS
- An insolvent company voted remuneration to a director to clear his loan account.
- No PAYE or National Insurance was paid to HMRC.
- What did the director know about the tax that had not been deducted?
- It is not necessary for a person to know necessarily the legal consequences of an action if they started the process.
The facts of CRC v West follow a pattern familiar to many practitioners. Mr West was the sole director and shareholder of his company Astral Telecommunications Ltd. He would draw regular amounts from the company through his loan account and after the end of the year his accountant would advise him how much remuneration and dividends were required to pay off the overdrawn loan account. Normally he was advised to vote a relatively...
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